2020 Gargi College Molestation Case: Delhi High Court Directs DCP To Supervise Probe, Calls For Comprehensive Follow-Up

“Several video-clips from the incident also show that vehicles were vandalised and arranged around the perimeter to gain access to the college compound. Media reports alluding to the detention and subsequent release of certain individuals necessitate a comprehensive follow-up,” a division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula said.

While the order was passed on August 17, a detailed copy of the same was uploaded today.

“We are therefore of the opinion that the concerned DCP should personally look into the matter and supervise the investigation,” the bench said.

The court disposed of a public interest litigation moved by Advocate ML Sharma seeking inquiry by Central Bureau of Investigation into the alleged instances of molestation and sexual misconduct inside college in during the annual cultural fest “Reverie 2020.”

In order to ensure prevention of any future recurrence of such incidents, the court observed that a “two-pronged approach” is required. It thus directed the Commissioner of Delhi Police and the Vice-Chancellor of Delhi University to “bolster police visibility” and surveillance during such college events.

“Secondly, both the college and Delhi University administrations must work in concert with the police to establish protective protocols, ensuring students' safety,” the court said.

The bench was apprised by the Delhi Government that though the preliminary testimonies recorded under Section 161 of CrPC suggest harassment of women students, none of the aggrieved parties positively identified any perpetrators.

The court was also informed that an untraced report has been prepared which is presently awaiting further proceedings before a Metropolitan Magistrate in Saket Court, where the matter is next listed tomorrow.

“This Court voices its unease regarding the impending closure of a grievous incident without holding any individual accountable. While some testimonies have been collected, the lack of definitive evidence under Section 164 poses challenges. Ms. Rao has informed that none of the witnesses have come forward to make a statement under the afore-noted provision. Such hesitancy on part of the witnesses to come forward to make statement needs to be addressed,” the bench said.

The court observed that the law enforcement agencies must instill confidence in the witnesses and assist them to come forward to make the necessary disclosures.

It added that the Witness Protection Scheme, 2018, ought to be leveraged to fortify the investigation and safeguard witnesses.

It was also observed that it is crucial to scrutinize all available footage, especially those capturing the vehicles from which the alleged perpetrators entered the college campus, given the evidence suggesting their significant role in the incident.

“With respect to the criminal investigation, given the ongoing proceedings before the Metropolitan Magistrate, Saket Court, New Delhi, this Court deems it apt to refrain from any further monitoring. No further orders are required to be passed in the present PIL and the learned Magistrate shall be free to proceed in accordance with law,” the court said.

Sharma in his plea claimed that the said instances were carried out under a "planned conspiracy by the political parties" for "securing political game in Delhi election voting."

Citing alleged inaction by city police and college administration, the plea said, "The men came in trucks and entered the campus around 4:30 pm during the fest. They continued to harass the girls for several hours and the ordeal continued till around 9 pm...Despite complaints being made by multiple students, no one called the police and asked for the arrest of the wrongdoers."

Case Title: MANOHAR LAL SHARMA v. CENTRAL BUREAU OF INVESTIGATION (C.B.I) & ORS.

Citation: 2023 LiveLaw (Del) 696

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